We are hiring!

An opportunity exists for a Property & Business Lawyer (2+ years experience) to join Quinn & Scattini Lawyers, based at our Cleveland Office.

This is an excellent career path opportunity in Q&S’s Property and Business Team.

Please see below position description for more details, or refer to our website here.

Applications can be emailed direct to tmurphy@qslaw.com.au

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What is an easement?

An easement is the legal right to use someone else’s land for a specific purpose.

Commonly the specific purposes are to allow general access to the land, drainage, sewerage or supply of water or gas.

One main consideration regarding easements is to ensure the easement will not hinder the use or enjoyment of the lot or common property.

Quinn & Scattini Lawyers offer professional advice regarding the preparation and registration of easement documentation.

Find out more about Q&S’s expertise here.

If you need EXPERT LEGAL ADVICE on an EASEMENT MATTER contact Quinn & Scattini Lawyers on 1800 999 529 or email mail@qslaw.com.au

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Congratulations Kym-Marie!

Quinn & Scattini Lawyers’ Family Law lawyer, Kym-Marie Bush, has been exposed to a variety of family law matters in the past 23 years and is based at Q&S’s Cleveland Office.
Congratulations on this excellent client feedback Kym-Marie!

“Good morning Kym-Marie, Thank you again for being so understanding and giving me your very beneficial advice. Although stressful, you did make a horrible situation, somewhat tolerable. Thank you again. MS”

Find out more about Kym-Marie’s extensive experience here.

If you need EXPERT LEGAL ADVICE on a FAMILY LAW MATTER contact Kym-Marie on 1800 999 529 or email Kym-Marie direct at kmbush@qslaw.com.au

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Going into business with someone?

Going into business with someone can be like entering into a marriage, except it may be more difficult to dissolve a business relationship.

One case Quinn & Scattini Lawyers assisted with involved a dispute between two business owners. In the midst of the dispute, one of the business partners sold the business. Q&S successfully applied to the Supreme Court for an injunction on the day settlement was to occur, which prevented the business proceeds from being spirited away.

Read more about Q&S’s expertise in this area of law here.

If you need EXPERT LEGAL ADVICE on a BUSINESS DISPUTE contact Q&S on 1800 999 529 or email mail@qslaw.com.au

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White collar crime in Australia

The recent arrests of ten individuals involved in Australia’s biggest case of corporate and white collar crime serve as a strong reminder to those Individuals and businesses involved in transactions, advisory, professional services, leadership and positions of trust that there are serous legal obligations that must be met.

Quinn & Scattini Lawyers’ Corporate & White Collar Team can advise on a range of issues, including charges of money laundering, insider trading, breaching director duties, ASIC, ACCC and ATO investigations, disciplinary proceedings and bribery offences.

Read more about Q&S’s experience here.

If you need EXPERT LEGAL ADVICE on CORPORATE & WHITE COLLAR CRIME contact Quinn & Scattini Lawyers on 1800 999 529 or email mail@qslaw.com.au

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Have you been selected for jury duty?

It might be best to turn off your mobile phone!

A jury is only to consider the facts presented during the trial, but recent cases have identified some jurors have been stepping outside of the courtroom and using social media to not only research the case being heard, but to also post updates on the matter.

Jurors overseas have faced jail time for breaching the rules, yet no Australians to date have been sentenced to prison for jury offences.

A juror admitted to researching a case on Facebook in 2014, resulting in the trial being aborted.  A more recent case on the Gold Coast involved a juror using Google to research the case, resulting in that trial also being aborted.

Read the full story here.

Detailed information on your rights and responsibilities as a juror is available here.

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Guarantor – A cautionary tale

This is both a cautionary tale for anyone who is contemplating acting as guarantor of someone else’s liability, and a David-and-Goliath story of a battle with a major bank.

The Short Version

Quinn & Scattini acts for a client who is seeking relief from a guarantee and associated mortgages that were provided to a bank to secure repayment of monies lent to a company of which our client’s son was sole director and shareholder.  The purpose of the loan was to purchase a motel.

The Facts

Our client provided the guarantee in reliance on a number of representations made by the bank.  These representations included assurances from the bank that:

  • The borrower did not have financial problems, and the income from the motel meant that the borrower would not default under the loan
  • The location and estimated value of the motel meant that the guarantee would never be called upon, and
  • The son had enough management expertise to operate the motel in order to meet the obligations of the borrower under the loan.

As a result of the representations, and due to pressure by the bank to sign the relevant documents urgently, our client signed the guarantee.  When the son defaulted under the loan, the bank pursued our client under the guarantee.

Our client alleges that the representations by the bank were misleading and deceptive, based on the facts that our client’s son was unemployed and had no assets, the annual loan repayments exceeded the motel’s current net annual income, and the motel required reasonable experience in motel management to maintain good occupancy.

The Remedy Sought

Our client has applied for an order under section 86 of the Trade Practices Act 1974 (“the TPA”) to discharge our client from all liability under the guarantee, and damages under section 82 of the TPA.  In the alternative, our client has applied for an injunction pursuant to section 12GD of the Australian Securities and Investments Commission Act 2001 (“the ASIC Act”) preventing the bank from enforcing the guarantee.  We also argue that it is unconscionable to enforce the guarantee and that the bank’s conduct contravened section 51AC of the TPA or section 12CC of the ASIC Act.   This case is still before the court, so watch this space.

An Important Reminder

It is important to remember before you sign any documents, especially guarantees, that:

  • You should take your time and seek independent legal advice
  • You should not give in to pressure by the borrower’s finance company to sign any documents on the spot, and
  • If you feel pressured, do not sign any documents.

If you are being chased by a creditor under a guarantee, you should immediately seek legal advice.

Article prepared by Minnie Hannaford, a lawyer in Quinn & Scattini Lawyers’ Commercial Litigation Team.

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